NEIL FISCHER vs. FORD MOTOR COMPANY, et al.

on the foregoing, Defendant's motion to compel Plaintiff to provided verified responses to the Subject Discovery is granted. Plaintiff is sanctioned $1,050 ($350/hr x 3 sets of discovery). It is so ordered. Dated: September, 2026 Hon. Jon R. Takasugi Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517.

County of Los Angeles DEPARTMENT 17

NEIL FISCHER vs. FORD MOTOR COMPANY, et al. | Case No.: 25STCV18020 Hearing Date: September 1, 2026 | Defendant's motion for an order for compliance requiring Plaintiffs to appear and comply with initial deposition is GRANTED. The Court awards statutory sanctions in the amount of $1,500, payable within 60 days.

On 6/23/2025, Plaintiff Neil Fischer (Plaintiff) initiated this action. On 12/11/2025, Plaintiff filed a first amended complaint (FAC) against Ford Motor Company and Auto Nation Ford Valencia (collectively, Defendants) alleging violations of the Song-Beverly Warranty Act. On 7/31/2026, Defendant moved to compel Plaintiff's compliance pursuant to CCP section 871.26.

Discussion

Defendant moves for an order for compliance requiring Plaintiffs to appear and comply with the initial deposition under Code of Civil Procedure (CCP) section 871.26, subdivision (c)(1).

The enactment of Assembly Bill 1755 was codified in Chapter 12 of Title 10 to Part 2 of the Code of Civil Procedure (herein, Chapter 12), which went into effect 1/1/2025. (See CCP Sec. 871.20, et seq.) In passing Assembly Bill 1755, the legislature enacted provisions that require the parties to participate in initial depositions. (CCP Sec.871.26, subd. (c).) The newly enacted provisions are designed to reduce court docket congestion and promote settlement by temporarily staying all discovery (other than the initial disclosure and document exchanges and initial depositions) until an early mediation is completed. (CCP Sec. 871.26, subd. (d).)

In opposition, Plaintiff's counsel argues that the motion is moot as the relief Ford seeks--Plaintiff's appearance for the initial deposition--has already been secured by agreement, and by Ford's own notice. Plaintiff further contends that he never refused to submit to deposition, but objected to the specific noticed dates due to availability conflicts and remained willing to appear on a mutually agreeable date. Each of Ford's notices set a date unilaterally, without first conferring with Plaintiff's counsel on a mutually convenient date. (Smith Decl. P.P. 4, 6, 7.) However, Plaintiff's deposition was properly noticed in 11/5/2025 and July, 2026 (Pisciotta Decl. P.P. 3-5), and Plaintiff has still not sat for his deposition.

Based on the foregoing, Defendant's motion for an order for compliance requiring Plaintiffs to appear and comply with initial deposition is GRANTED. The Court imposes $1,500 in sanctions at this time. It is so ordered. Dated: September, 2026 Hon. Jon R. Takasugi Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213)